Air Pollution: What Legislation Missed

The Clean Air Act, enacted in 1970, was a landmark piece of legislation that revolutionized the federal government's role in combating air pollution. This act, along with its subsequent amendments, has been pivotal in reducing air pollution and safeguarding public health. However, the journey towards tackling air pollution began decades earlier, with the Air Pollution Control Act of 1955 being the first federal legislation to address this issue. While these acts have been instrumental in mitigating pollution, certain aspects or targets might not have been explicitly addressed in early air pollution legislation. Understanding which issues were not initially targeted can provide valuable insights into the evolution of air pollution policies and the ongoing challenges in the fight for clean air.

The Clean Air Act of 1970

The Act's passage was a response to the increasing severity of air pollution in the United States between the Second Industrial Revolution and the 1960s. The 1948 Donora smog event sparked public concern and discussions about air pollution, leading to the first federal legislation on air pollution, the Air Pollution Control Act of 1955. This Act provided funding for research and training but did not directly regulate pollution sources.

The Clean Air Act of 1963 expanded on this by establishing a federal program within the U.S. Public Health Service to monitor and control air pollution. The Air Quality Act of 1967 further expanded federal government activities, allowing them to step in if states failed to adequately address their pollution problems. However, it was the Clean Air Act of 1970 that truly empowered the EPA to take decisive action against air pollution, with subsequent amendments in 1977 and 1990 refining and strengthening its authority.

The Air Pollution Control Act of 1955

The Act declared that air pollution was a danger to public health and welfare, but it preserved the primary responsibilities and rights of the states and local governments in controlling air pollution. It put the federal government in an informational role, authorizing the US Surgeon General to conduct research, investigate, and disseminate information relating to air pollution prevention and abatement. However, the Act contained no provisions for the federal government to actively combat air pollution by punishing polluters. It also did not define what should be considered a source of air pollution, leaving the interpretation to the Environmental Protection Agency (EPA).

The Clean Air Act Amendments were made in 1970, 1977, and 1990 to further strengthen air pollution control measures. The 1977 amendments included provisions to protect areas with clean air and tighten rules around automobile emissions. The 1990 amendments authorized a national operating permit program and revised Section 112 to require the issuance of technology-based standards for major sources of hazardous air pollutants.

The Air Quality Act of 1967

The Act also authorized expanded studies of air pollutant emission inventories, ambient monitoring techniques, and control techniques. This enabled the federal government to enhance its efforts in investigating and addressing interstate air pollution transport. For the first time, extensive ambient monitoring studies and stationary source inspections were conducted by the federal government as part of enforcement proceedings in areas affected by interstate air pollution.

The 1967 Act's recognition of state and local authority in pollution control set a precedent for future legislation. However, it also acknowledged the need for federal intervention in cases of state inaction or inadequate action. This dual approach to pollution control reflected a growing awareness of the complexity of the pollution problem and the necessity of collaborative efforts between different levels of government.

Overall, the Air Quality Act of 1967 represented a significant step forward in the nation's efforts to combat air pollution and protect public health and the environment. It paved the way for more comprehensive legislation, such as the Clean Air Act of 1970, which further strengthened the federal government's role in regulating air pollution and protecting air quality for future generations.

The Clean Air Act Amendments of 1977

The 1977 Amendments also added State Implementation Plan (SIP) requirements for areas that had not attained the NAAQS, known as "nonattainment" areas. These requirements included the protection of areas with good air quality, such as wilderness areas and national parks, in addition to the focus on cleaning up polluted areas. The new law also required New Source Review, which involved investigations of proposed construction of new polluting facilities to examine whether PSD requirements would be met.

The Clean Air Act and its subsequent amendments have been instrumental in reducing air pollution, protecting public health, and reducing healthcare costs and absences from work or school. The EPA has also developed voluntary programs to incentivize and promote the reduction of transportation-related air pollution, such as the Clean Diesel Campaign and the SmartWay program.

The Clean Air Act Amendments of 1990

The Clean Air Act is a federal law that gives the Environmental Protection Agency (EPA) the authority to regulate air pollutants and polluting industries. The Act has undergone several amendments since its inception, with the 1990 amendments being particularly significant.

One of the notable changes made by the 1990 amendments was the revision of Section 112. This revision introduced a requirement for the issuance of technology-based standards for "major sources" and certain "area sources" of hazardous air pollutants. Major sources were defined as stationary sources or groups of stationary sources with the potential to emit 10 tons or more of a hazardous air pollutant per year. The EPA was mandated to establish emission standards, referred to as "maximum achievable control technology" (MACT) standards, for these major sources, ensuring the maximum feasible reduction in emissions.

The 1990 amendments also promoted energy conservation through an acid rain program. This program incentivized utilities to encourage customers to conserve energy, thereby reducing energy waste and creating a market for clean fuels derived from grain and natural gas. Additionally, the amendments included provisions for the phase-out of ozone-depleting chemicals, aligning with international negotiations such as the Revised Montreal Protocol.

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